It appears that conservative filmmaker James O’Keefe is continuing to comment on his case. Raw Story and other sites are reporting that O’Keefe tweeted shortly around midnight last night that “Govt official concedes no attempt to wiretap.” In the meantime, it appears that the stunt in New Orleans may have been an effort to cut off the telephones or film their operation as opposed to wiretapping calls. I discussed this story on Hardball and Rachel Maddow.
As noted in the segment below from Countdown, the affidavit accompanying the charges was curious in two respects. First, the government was charging a higher category of trespass by alleging intent to commit a felony. However, the prosecutors failed to state what that felony was. The clear suggestion of the affidavit was that the “malicious” interference with the telephone system was to wiretap Sen. Mary Landrieu’s office. Second, if this was a conspiracy to wiretap, one would have expected a reference to electronic surveillance equipment found at the scene.
Now, O’Keefe is saying that the government is not pursuing a surveillance theory. Such a development is important and worth public attention.
If he is not accused of attempted electronic surveillance, the ten year maximum under section 1036 may be the upper limit. The affidavit appears to be referring to section 1362 which states:
Whoever … willfully or maliciously interferes in any way with the working or use of any [radio, telegraph, telephone or cable, line, station, or system, or other means of communication, operated or controlled by the United States], or attempts or conspires to do such an act, shall be fined under this title or imprisoned not more than ten years, or both.
Section 2 of that law expressed includes:
(a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.
This may ultimately be the dispossession of the charges with Sections 1036 and 1362. However, there are also possible charges of conspiracy and false statements for these men as well as possible third parties.
It has also been reported that O’Keefe is under a gag order not to discuss the case. These orders can create difficulties for the defense when someone like O’Keefe is being widely accused of a wiretapping conspiracy. He has an obvious desire to rebut those allegations — as do his lawyers. Moreover, he was merely referencing a news development in a brief tweet.
Finally, a court would be on precarious ground when it says that a defendant cannot speak for himself in public. O’Keefe could raise first amendment claims if the government decides to raise the matter with the court. Nevertheless, it could be viewed as a technical violation since these orders often refer to the parties in general and not just the lawyers. One recent such controversy occurred in Texas, here, but such disputes are not uncommon in high profile cases. For another such recent case, click here.
Restrictions on statements to the press are often imposed by court rules for any criminal case. A court can then add a more detailed and demanding gag order in a given case. Reports indicate that a gag order was in place in this case.
Attorneys in some recent hig-profile cases have asked for such gag orders to be lifted to allow their client to defend himself in the public forum, here. On occasion, courts will grant such motions.
Even without a gag order, it is always a mistake for clients to directly manage the media or speak on a case. Most lawyers strictly forbid such communications absent prior legal review and supervision. While this violation is not likely to result in a serious penalty, it can bring a rebuke from the Court and undermine the relationship with the judge.
MSNBC is reporting that officials say that the men did want to interfere with the phones by shutting them off (one of the possibilities that I discussed below). In a remarkably dumb prank, they “wanted to see how her local office staff would respond if the phones were inoperative.” This was connected to their opposition to Sen. Landrieu’s position on health care. I will not try to bridge that logical gap.
O’Keefe seems to relish reckless acts. His stunt with ACORN appears to have violated state laws. Even without a surveillance conspiracy, the Landrieu stunt is still quite serious. What is interesting is that O’Keefe hardly needs to directly communicate such information given the press attention in the case.
For the story, click here.
Anonymously yours
If I had your level of acuity I’d be anonymous, too.
“I think it is interesting the spin on the facts that you give it when they don’t go the way you wish…”
What “spin” do you refer? And what the hell do you know about “military training” anyway?
Former Federal LEO:
“For anyone who claims a factual error in an original article, please post a polite, detailed rebuttal within the *Corrections* section:”
Anonymously Yours:
“Do that at your own peril. Spin, Jack threads on this side. That is, I believe the professors request that it be used for corrections only. Not disputing facts.”
So which is it?
Waynester,
You sound like Duh, Bdaman. Any correlation between the three, four, five do I hear more?
I am amazed at your capacity to comprehend facts. I think it is interesting the spin on the facts that you give it when they don’t go the way you wish, shows your military training. Guess the reason you only did four was because you can’t take orders and they had a nice signing bonus for the stint? Any truth?
I see you taking the corrections page on now as well. Do that at your own peril. Spin, Jack threads on this side. That is, I believe the professors request that it be used for corrections only. Not disputing facts.
I do post over there but it usually a mistake and when I do before nal, I heckle him then. Take this for what you want, I am sure you will…
Quoting “thirtypercenter”
“Hey Waynester, when are you going to correct this fallacy from your blog?
“Born October, 1960. Served 4 years US Army. Currently operating home based electronics repair business. Dedicated to liberty and freedom, which puts me at odds with leftists and “modern” liberals. ”
Obviously a party that permits zero dissent within its ranks cannot be considered promoting “liberty”.
Obviously a party that believes in throwing more people in prison or sending the military into other countries to occupy and imprison their people cannot be considered to be promoting “freedom”.”
Did I say a damn thing about any party? Is the screen moniker “thirtypercenter” intended to be indicative of your rate of reading comprehension? If so I’d say it’s a little generous.
Re: thirtypercenter
I don’t have time to respond to bs from a collectivist. Collectivism, in it’s varied formulations, is the single most life and liberty destroying political philosophy the world has ever known. And besides, what my blog says is way off topic.
Dear Duh, a little late but my problem with O’Keefe is calling him an undercover journalist. An undercover journalist does not edit the tape to show him waltzing down the street in a clownish pimp outfit when he entered the Acorn office as a well dressed boyfriend trying to protect his whore girlfriend. A journalist does not edit the tape to make it sound like Acorn is telling them to hide the money from the IRS (they tell them that all income must be reported to the IRS) when they were telling her to hide the money from the pimp. A journalist does not ignore those Acorn sites that called the cops. A journalist does not make headlines about the lady that obviously saw through there spoof and said she murdered her husband when both are still alive.
He edited the tappe to make Acorn the evil doers he imagined them to be. He is an undercover propagandist.
http://alturl.com/jb83
Because he is a GOP operative, nothing will happen to him. He can confess his sins. Get absolved and go on his merry way. That is how the roll in the GOP. Governors get away with wrong doing but eh, they said to God they are sorry and they are forgiven. Dem who try the same thing are Godless Communist and will get the maximum sentence. That is the way it rolls in this new reality.
A couple of years ago, a Sheriff’s deputy in Texas got off work, and went to do something he did often to relax–watch the trains run.
Within 30 minutes, he was surrounded by other police, accusing him of DOMESTIC TERRORISM.
Same has happened to people filming bridges, tunnels and other infrastructure.
What these 4 did is DOMESTIC TERRORISM–ILLEGAL ENTRY GAINED THROUGH FRAUD, with the intent to SABOTAGE.
Hey Waynester, when are you going to correct this fallacy from your blog?
“Born October, 1960. Served 4 years US Army. Currently operating home based electronics repair business. Dedicated to liberty and freedom, which puts me at odds with leftists and “modern” liberals. ”
Obviously a party that permits zero dissent within its ranks cannot be considered promoting “liberty”.
Obviously a party that believes in throwing more people in prison or sending the military into other countries to occupy and imprison their people cannot be considered to be promoting “freedom”.
So your statement should read “Dedicated to defeating liberty and freedom, which puts me at odds with leftists and “modern” liberals. “
For anyone who claims a factual error in an original article, please post a polite, detailed rebuttal within the *Corrections* section:
http://jonathanturley.org/corrections/
This page is reserved ONLY for suggested factual or grammatical errors —
So when are we to expect a correction in Mr. Turley’s commentary?
There was, as far as anyone has been able to ascertain, no gag order for Mr. O’Keefe to violate. Perhaps Mr. Turley could, in the future, be more careful about judging the sources of items he reports as they have proven to be highly subjective, if not outright unreliable, as shown with this case.
use right bout dat, know watt i’m sayin. Just remembers, I aint laughin wit ya, I’m laughin at ya. word to ya mother, iaight
Jammer,
It ok, to be wrong once in a while. But some do more so than others.
just messin with you AY
it is funny though, not as funny as shittin in your pants but none the less still funny.
Jammer of Threads,
Enough already.
“Who appointed you in charge of trying to run-off anyone who presents a point of view like mine?”
I’ve never once suggested that you shouldn’t post here. Actually I on’t believe I’ve done that with anybody. Nor have I appealed to others
to take care of me, I’m well equipped to do it on my own. As to competing views of history I’ve forgotten more than you’ll ever learn and if you would simply try to read harder you might understand that what I said was no defense of the left wing. You won’t though and that is your problem. You can’t face up to being wrong and admitting it, or even seeing it. On the other hand in my history here I’ve admitted being wrong on many occasions and apologized for it sincerely with no equivocations. That is a big difference between you and me. I’m actually capable of trying to understand what someone is saying. You, not at all, you lack the capacity.
Duh, give it a break and stop the F’N whinning. you two are distracting from the thread.
Thats why he’s an EX INSTIGATOR from the AG’s Orifice.
AY said “this is not Mike S’s writing style”
Mike Spindell replied “It was me”
ROTFLMAO. At least that will put an end to AY’s claims that bdaman and I are one in the same, based one our writing style.
Mike Spindell,
Thanks for providing us with “your version” of history. You do realize that two people can view the same series of events and interpret them differently. Don’t you? You do realize that both can consider their view to be acurate. Don’t you?
Who appointed you in charge of trying to run-off anyone who presents a point of view like mine? Who granted you permission to disregard the rules of civility in order to further your crusade against my point of view?
I am not paid. I don’t work for, nor am I a member of any political strategy association. I’m me. I express my views.
Maybe FFLEO or Mespo can better explain what you’re saying, and what I am saying. I don’t understand your justification for personally attacking me, and I don’t think you can understand that I am just me, expressing my own views.
AY,
It was me, I didn’t realize the picture didn’t come out and wonder why. I’ve had a lot of difficulties with WordPress of late.